GOLDEN — A Lakewood man claims he was trying to pull a loaded pistol away from a neighbor’s dog when the gun went off, killing the animal.

Patches, a Jack Russell terrier mix, was struck with a bullet between the eyes in the July incident.

Prosecutor Brian Dominques told a jury Wednesday that Ryan Hughes had been drinking heavily that day and initially said the dog shot itself while playing with the gun.

Hughes, 49, has been charged with aggravated animal cruelty, two counts of reckless endangerment and possession of a weapon while under the influence. The trial began Wednesday and is expected to conclude by Friday.

Hughes had a “really tender” relationship with Patches and never would have shot it intentionally, said his attorney, Walter Gerash.

Hughes saw Patches wrestling with the gun on the floor of his bedroom, Gerash said. When Hughes reached over to take the gun, the dog went after the weapon and it went off. “That’s what happened,” Gerash said. “Everyone will tell you that an accident happened and all of sudden, it’s a big murder case.” Ann Schrader, The Denver Post